Voting-related giveaways clash with federal law

11/5/12 1:33 PM EST

Business owners beware: Offering a discount or a freebie to voters Tuesday is illegal. But despite a clear federal ban on such activities, they've only proliferated in recent years.

A Washington D.C. yoga studio is offering 10 percent off for showing an "I Voted" sticker. An oyster bar is offering free shellfish and a drink. Coffee chain Tim Horton's, which is based in Canada but has stores in several U.S. states, promised a free donut with the purchase of a coffee. Einstein Bagels promised voters a free bagel. A California hot dog restaurant is offering a free frankfurter.

These are just some of the dozens — if not hundreds — of businesses nationwide who are trying to capitalize on the civic spirit of election day, and do their part to encourage voting.

But election law experts say the discounts and giveaways are plainly illegal — no matter how innocent or nonpartisan the intentions.

"In elections in which federal candidates are on the ballot, no one can offer any kind of benefit or reward for voting. The simple way to deal with this is to open up the event to all comers — voters and nonvoters alike," law professor and election law expert Rick Hasen told POLITICO in 2010.

"This is a very common problem, because people believe they are doing their civic duty by encouraging other people to vote. And in many states, in elections when federal candidates are not on the ballot, this activity is perfectly legal," Hasen, who teaches law at University of California Irvine, said.

In a follow-up e-mail on Monday, Hasen said he didn't think the law should be changed just because these specials have proliferated in recent years.

"These things can be targeted to help voters known to vote for one candidate or another," Hasen said, raising the specter of corruption.

Tim Hortons told POLITICO they had modified their promotion after being alerted it appeared to be at odds with election law.

"We have shared this with our legal department and in the effort of time to research the issue, we are opening up the promotion to anyone (all guests, voters and nonvoters) via a coupon on our website in celebration of Election Day, not just voting," company spokesperson Brynn Burton said in an email. "Guests will need to print off the coupon to receive the free donut with beverage purchase."

Washington D.C.-based burger chain Z-Burger also modified their promotion after discovering the law did not permit the deal as originally outlined.

"What we just wanted to do is just get into the spirit of the election," owner Peter Tabibian said. Free burgers are available to anyone on election day, as long as they say the secret code "Z-VOTE"

The issue also forced national chains Starbucks, Ben & Jerry's and Krispy Kreme to modify their promotions in 2008 to avoid running afoul of election law.

And ultimately, most business owners simply want to encourage a civic spirit and pride in the U.S. democratic process.

"I love this country," said Tabibian, who is an Iranian American. "I escaped from my country to be here."